11 AAC 39.830. Filing an appeal or request for reconsideration

(a) An appeal or request for reconsideration under this chapter must

(1) be in writing;

(2) be filed by personal service, mail, fax, or electronic mail;

(3) be signed by the appellant or the appellant's attorney, unless filed by electronic mail; an appeal or a request for reconsideration filed by electronic mail must state

(A) the name of the person appealing or requesting reconsideration; and

(B) a single point of contact to which any notice or decision concerning the appeal or request for reconsideration is to be sent;

(4) be correctly addressed;

(5) be timely filed in accordance with 11 AAC 39.840;

(6) specify the case reference number used by the board or director, if any;

(7) specify the decision being appealed or for which reconsideration is being requested;

(8) specify the legal basis upon which the decision is challenged, describe the factual issues, and provide any supporting documentation;

(9) specify any material facts disputed by the appellant;

(10) specify the remedy requested by the appellant;

(11) state the address to which any notice or decision concerning the appeal or request for reconsideration is to be mailed; an appellant may also provide a telephone number where the appellant can be reached during the day or an electronic mail address;

(12) identify any other affected agreement, contract, lease, permit, or application by case reference number, if any; and

(13) include a request for an in-person oral hearing, if an in-person oral hearing is desired, and specify any special accommodations needed for the hearing.

(b) At the time an appeal or request for reconsideration is filed and up until the deadline set out in 11 AAC 39.840, the appellant may submit additional written material in support of the appeal or request for reconsideration, including evidence or legal argument.

(c) The proper and timely filing of an appeal or request for reconsideration under this chapter shall stay the decision being appealed or reconsidered until a final administrative decision is issued, unless the board determines in writing that it is contrary to the best interest of the state to stay the decision.

(d) An appellant may request expedited consideration of the appeal or request for reconsideration. A request for expedited consideration must describe the reasons that support expedited treatment, the date by which a decision is needed, and be received in sufficient time for the board to take timely action.

History: Eff. 10/27/2002, Register 164

Authority: AS 03.09.040

AS 03.10.020

AS 03.10.050

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